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HomeMy WebLinkAbout1999-01-12aI MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JANUARY 12,1999 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM (Room B-8) r; CREST VIEW SCHOOL/WAL MART UPDATE (5:30 — 5:45 PM) — Jane Madera HUNTINGTON BEACH REDEVELOPMENT PLAN AMENDMENT 5:45 — 6:00 PM) — David Biggs AGENDA REVIEW — (6:00 — 6:15 PM) — Scott Hess REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Inglee, Chapman, Mandic, Livengood, Kerins, Biddle, Speaker ANNOUNCEMENT OF NEW COMMISSIONER CONNIE MANDIC x� PRESENTATION TO OUTGOING COMMISSIONER HAYDEE TILLOTSON — Commissioner Livengood ELECTION OF CHAIRPERSON AND VICE -CHAIRPERSON A MOTION WAS MADE BY BIDDLE, SECONDED BY INGLEE, TO APPOINT FRED SPEAKER AS CHAIRPERSON OF THE HUNTINGTON BEACH PLANNING COMMISSION FOR A PERIOD OF ONE (1) YEAR, BY THE FOLLOWING VOTE: AYES: Inglee, Kerins, Chapman, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: Speaker f; MOTION PASSED A MOTION WAS MADE BY KERINS, SECONDED BY INGLEE, TO APPOINT GERALD CHAPMAN AS VICE -CHAIRPERSON OF THE HUNTINGTON BEACH PLANNING COMMISSION FOR A PERIOD OF ONE (1) YEAR, BY THE FOLLOWING VOTE: AYES: Inglee, Kerins, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: Chapman MOTION PASSED RECES � - REORGANIZATION OF SEATING PRESENTATION TO OUTGOING CHAIRPERSON TOM LIVENGOOD BY NEW CHAIRPERSON SPEAKER COUNCILPERSON DETTLOFF PRESENTED SPECIAL RECOGNITION PLAQUE TO TOM LIVENGOOD AGENDA APPROVAL Anyone wishing to speak must fill out and submit a form to speak No action -can betaken by the Planning Commission on this date, unless the item is agendized. Any one wishing to speak on items not on tonight's agenda or on non-public hearing items may'do so during ORAL COMMUNICATIONS. Speakers on items scheduled for PUBLIC HEARING will be invited to speak during the public hearing. (4 MINUTES PER PERSON, NO DONATING'OF TIME TO OTHERS) A. ORAL COMMUNICATIONS Eldon Bagstad, 414-416 Pacific Coast Highway, spoke in opposition to Item D-2, the Redevelopment Preliminary Plan Amendment. He stated that all property owners in the area are willing to work with Redevelopment to develop their properties. B. PUBLIC HEARING ITEMS B-1 CONDMONAL USE PERMIT NO.97-77 (APPEAL) (CHEVRON OFFICE BUILDING): APPLICANT: RHL Design Group APPELLANT: Planning Commissioner Ed Kerins LOCATION: 17881 Gothard Street (northwest corner of Gothard Street and Talbert Avenue) PROJECT PLANNER: Wendy Bounds Conditional Use Permit No. 97-77 represents a request by RHL Design Group, on behalf of the Chevron Products Company, to demolish the existing 2,500 square -foot office building and reconstruct a 3,500 square -foot, single story office building at 17881 Gothard Street. The increased office area will not result in a change of the existing use on the site. The proposed new office facility is in substantial conformance with the regulations set forth by the Huntington Beach Zoning and Subdivision Ordinance. The project proposal was approved by the Zoning Administrator on November 4, 1998 with conditions of approval. 1 PC Minutes—1/12/99 2 (99PCM112) L APPEAL: During the 10 day appeal period, Planning Commissioner Edward Kerins appealed the decision of the Zoning Administrator in a letter received November 12, 1998. Commissioner Kerins is appealing the Zoning Administrator approval because the proposed project was not conditioned to provide a sidewalk along the north side of Talbert Avenue. He feels the sidewalk is required for the following reasons: • In lieu of a sidewalk, using Talbert presents a safety hazard to pedestrians. • Normally, sidewalks are required when the property owners develop or improve their property. • The applicant was advised a sidewalk was needed in conjunction with a prior Conditional Use Permit approval for the site. • Future installation of a sidewalk on the south side of Talbert Avenue will not effectively solve the hazard to pedestrians. STAFF RECOMMENDATION: Staff supports the appeal and recommends approval of Conditional Use Permit No. 97-77 with the requirement for a sidewalk along the north side of Talbert Avenue for the following reasons: • Sidewalks are necessary to meet the objectives intended to achieve the goals of access and safety for pedestrians identified in the General Plan. • The proposed project will be consistent with the goals and objectives of the City's General Plan with the inclusion of sidewalks as a condition of approval. The subject development proposal shall be in compliance with the IG (General Industrial) zoning district regulations inclusive of landscape and off-street parking standards and City policies relating to site planning and architectural design considerations. Landscaping and parking on -site improvements will exceed minimum HBZSO requirements. • The project's scale, design, and character shall be compatible with existing surrounding developments in the immediate vicinity. The building shall incorporate building materials and architectural design elements in keeping with the context of the area recommended by the Design Review Board. Recesses, overhangs, reveals and fenestration on the new office building shall articulate and segment the building massing. The project shall convey a high quality visual image and character. • The Design Review Board reviewed the application of October 8, 1998 and recommended approval of the project design to the Zoning Administrator. THE PUBLIC HEARING WAS OPENED. Mark Bookspan, 1201 S. Beach Boulevard, La Habra, representing applicant, stated that he concurred with the staff recommended revision in order to move the project forward. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes—1/12/99 3 (99PCM112) A MOTION WAS MADE BY ]KERINS, SECONDED BY INGLEE, TO SUPPORT THE APPEAL BY APPROVING CONDITIONAL USE PERMIT NO.97-77 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL WHICH INCLUDES A REQUIREMENT FOR A SIDEWALK ON THE NORTH SIDE OF TALBERT AVENUE, BY THE FOLLOWING VOTE: AYES: Inglee, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 (c) of the CEQA Guidelines, because it involves construction of a new office structure designed for an occupant load of 30 persons or less and will not be constructed in conjunction with two or more such structures. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.97-77: 1. Conditional Use Permit No. 97-77 for the establishment, maintenance and operation of the Chevron office facility will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed 3,500 sq. ft. office facility will replace an existing 2,500 sq. ft. obsolete office structure which currently serves similar functions. The proposed project's building design and site improvements will enhance the existing site conditions. 2. The office facility will be compatible with surrounding uses. The project site is zoned and developed with industrial uses. The new office facility will serve the existing industrial operation on the subject site and will be compatible with adjacent industrial uses to the east and south of the project area. The office building scale will be compatible with the Youth Shelter to the west of the project site. 3. The proposed office facility will comply with the provisions of the development standards of the IG (General Industrial) zoning district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and the specific conditions required for the proposed use. 4. The granting of Conditional Use Permit No. 97-77, as conditioned by the Design Review Board and staff, will not adversely affect the General Plan and is consistent with the Land Use Element designation of I (Industrial) on the subject property. In addition, it is consistent with the ("d") Special Design Category Standards and Principles and the following Policies of the General Plan: a. Require that new and recycled industrial projects be designed and developed to achieve a high level of quality, distinctive character, and be compatible with existing uses (LU 12.1.4). b. Require that new and recycled industrial structures and sites be designed to convey visual interest and character and to be compatible with adjacent uses (LU 12.1.5). PC Minutes—1/12/99 4 (99PCM112) 1 CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.97-77: 1. The site plan, floor plans and elevations received and dated October 21, 1998 shall be the conceptually approved development plans with the following modifications: a. The left side elevation window shall be recessed and designed to match the front elevation fenestration and window shade design treatment. b. A single metal awning shall be provided over the entry and roll -up doors proposed on the left side elevation. c. The metal roll -up door shall be painted to match the wall surface above the wainscoting. d. Incorporate 1" (min) metal channel reveal at wainscoting height. e. Relocate the chain -link fence along Talbert Avenue beyond the public right -of way and in compliance with the minimum setback requirement of ten (10) ft. f. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) g. , Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights - of -way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) h. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) i. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. PC Minutes—1/12/99 5 (99PCM112) j. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). b. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. (Code Requirement) 3. Prior to issuance of grading permits fence plans shall be submitted to and approved by the Planning Department and Building Department. Double fences shall be prohibited. Prior to the construction of any new fences, a plan must be submitted identifying the removal of any existing walls next to the new fences, and shall include approval by property owners of adjacent properties. The plans shall include section drawings, a site plan and elevations. The plans shall identify materials, seep holes and drainage. 4. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department. b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape " Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of -- approval. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that must be removed shall be replaced at a two to one ratio (2:1) with minimum 36 inch box trees and shall be incorporated into the project's landscape plan. (PW) (Code Requirement) PC Minutes—1/12199 6 (99PCM112) c. An interim parking and/or building materials storage plan shall be submitted to the Planning Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. d. A Grading Plan prepared by a Registered Civil Engineer, shall be submitted for review and approval. (PW) e. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include on -site soils sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, foundations, retaining walls, streets and utilities. (PW ) f. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. (PW ) 5. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 6. Prior to issuance of Certificate of Occupancy, the following shall be completed: a. Street improvement plans for Talbert Avenue shall be prepared by a Registered Civil Engineer and submitted for review and approval. The Developer shall construct street improvements on the north side of Talbert Avenue consisting of curb, gutter, sidewalk, wheelchair ramp at the corner of Gothard and Talbert, street lighting, and paving per Public Works standards. Improvements shall be constructed in accordance with requirements and to the satisfaction of the Department of Public Works. (PW ) PC Minutes — 1/12/99 7 (99PCM112) b. Backflow protection is required and shall be installed per the Huntington Beach Water Division Standard Plans for irrigation and fire suppression water services. All backflow devices shall be painted to match surrounding aesthetics, and be screened from view to the satisfaction of the City of Huntington Beach Fire Department, Landscape Architect and Water Division: The markings indicating the size, model number and serial number shall be affixed to the body of the backflow device and must remain visible after painting. (PW) c. The Developer shall submit water system calculations to ensure proper water meter and water main sizes no later than the first plan check submittal. (PW) d. The Developer shall submit irrigation demands to ensure proper irrigation service sizing. Irrigation shall require a separate service, meter, and backflow device. If the existing irrigation service and meter meets current Water Department Standards and is of adequate size, it may be used. If the existing mater can not be utilized, the Developer shall abandon the service to the main and construct new meter service sized per the Uniform Plumbing Code and to the satisfaction of the Public Works Department. (PW) e. The proposed building may be serviced by the existing water service for the entire site if it is adequate size based on the change in fixture units due to construction of the new building. (PW) f. Any existing water mains'under the proposed or existing building shall be relocated or abandoned. (PW) g. If the on -site fire system includes any (private) fire hydrants, the service shall be metered. Number and location of fire hydrants shall be determined by the Fire Department. Existing hydrant(s) will be protected in -place or relocated to the satisfaction of the Water Division and the Fire Department. (PW) h. Upgrade landscape improvements along Talbert Avenue and provide street trees. (PW) i. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. ' j. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. k. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. PC Minutcs—1/12/99 8 (99PCM112) 1. The project will comply with all provisions of the Huntington Beach Fire Code. (FD) in. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Department of Community Development. 7. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 97-77 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 97-77 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 97-77, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable Public Works fees shall be paid prior to issuance of building permits. (PW) 5. A construction permit shall be required for all work within the right-of-way. (PW) 6. All new utilities shall be installed underground. (PW) 7. A Certificate of Occupancy must be issued by the Building Department prior to occupying the building. 8. State -mandated school impact fees shall be paid prior to issuance of building permits. PC Minutes — 1/12/99 9 (99PCM112) 9. The d4 -:opment shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 11. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Building Department. 12. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. B-2 CONDTITONAL USE -PERMIT NO.98-29/COASTAL DEVELOPMENT PERMIT NO 98-35 (TSUNAMI SUSHI RESTAURANT EXPANSION AND VALET PARKING PLAN): APPLICANT: Dave Bartlett LOCATION: 17236 Pacific Coast Highway (northeast corner at Warner Avenue) PROJECT PLANNER: Wayne Carvalho Transmitted for Planning Commission review is Conditional Use Permit No. 98-29 and Coastal Development Permit No. 98-35, a request by Dave Bartlett to permit a 900 square foot restaurant expansion with alcohol sales for Tsunami Sushi Restaurant into an adjacent retail suite. The intensification of the use from retail to restaurant requires five (5) additional parking spaces to the commercial center with nonconforming parking. The request includes approval of a valet parking plan, which will be operated by the restaurant owner to address the parking shortfall. STAFF RECOMMENDATION: Staff supports the request for the following reasons: • The restaurant owner will provide valet parking during the operation of the restaurant. • The valet parking and restaurant expansion will not be detrimental to the surrounding businesses and property owners in the area. • The primary valet parking area will be located at the rear of the center, with overflow parking adjacent to the coffee kiosk which is closed in the evenings. • The proposed restaurant use is consistent with the Visitor Serving Commercial Land Use designation in the General Plan. • The valet parking alleviates a parking deficiency on the property. Minutes—1/12/99 10 (99PCM112) THE PUBLIC HEARING WAS OPENED. Dave Bartlett, 6082 Jade Circle, representing applicant, stated that he concurred with staff s report and recommendation. Mr. Bartlett stated that the valet parking is for the entire center and will make up for the loss of parking spaces. He stated that they are currently using valet parking, but not in accordance with the proposed plan which will make it more efficient. Lorenz Krueger, 230-8 h Street, Seal Beach, owner, stated that his business is growing and it is necessary to incorporate the valet parking because of the additional customers. The Commission asked Mr. Krueger how he will inform the customers that the valet parking is free and what will he do if the proposed valet parking is not approved. He stated that there are currently signs that say "free valet parking." He also stated that if the proposed valet parking or expansion is not approved, he will still have to continue free valet parking because of the number of customers to patronize his establishment. The Commission questioned Mr. Krueger about the request to stay open until 2:00 AM. Mr. Krueger stated that he closed at 12:00 midnight, everynight. Dick Harlow, 211-B Main Street, spoke in support of the request stated that this is a very successful business and urged the Commission to approve the expansion so they would not have to take their business elsewhere. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed having a one (1) year review by staff in order to evaluate the proposed uses effect on the surrounding areas. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO.98-29 AND COASTAL DEVELOPMENT PERMIT NO. 98-35 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.98-29: 1. Conditional Use Permit No. 98-29 for the establishment, maintenance and operation of the 900 square foot restaurant expansion with alcohol sales (Tsunami Sushi Restaurant) into an adjacent retail suite, and valet parking plan will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. With the conditions imposed, including the implementation of a valet parking plan, the restaurant expansion will not adversely impact the other tenants in the commercial center and a sufficient number of parking spaces will be provided for the expansion. PC Minutes — 1/12/99 11 (99PCM112) 2. The conditional use permit will be compatible with surrounding retail, restaurant, and residential uses. The applicant will provide valet service during the restaurant's operating hours which will be available for all patrons of the commercial center. Furthermore, the valet parking areas are designed in areas of least impact to the other commercial tenants. 3. The proposed 900 square foot restaurant expansion of the existing Tsunami Sushi Restaurant into an adjacent retail suite, and valet parking plan will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it is located. With the conditions imposed, the restaurant expansion and valet parking plan will comply with the General Commercial development standards. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element, designation of Commercial Visitor on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach's recreational resources. (LU 10.1) b. Accommodate visitor serving commercial uses in areas designated on the Land Use Plan Map in accordance with Policy 7.1.1 (LU 10.1.1) FINDINGS FOR APPROVAL — COASTAL DEVELOPMENT PERMIT NO.98-35: Permit No. 98-35, as conforms with the General Plan, including 1. Coastal Development proposed, the Local Coastal Program. The proposed 900 square foot restaurant expansion and valet parking plan will be consistent with the visitor serving commercial designation of the General Plan. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. With the conditions imposed, the restaurant expansion will be provided with adequate parking without impacting_ coastal views or access. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All infrastructure currently exists to the commercial site. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The proposed restaurant expansion will not impact coastal views or access. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.98-29/ COASTAL DEVELOPMENT PERMIT NO.98-35: 1. The valet parking plan received and dated September 25, 1998 and floor plan dated April 13, 1998 shall be the conceptually approved layout. ?C Mnn',,,: — 1/12/99 12 (99PCM112) 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). b. All Fire Department requirements shall be noted on the building plans. (FD). 3. Prior to issuance of building permits, the following shall be completed: a. A copy of the reciprocal access agreement between the subject property and adjacent commercial properties shall be submitted for inclusion into the entitlement file. If no reciprocal access easement is recorded on the property, then the property owner shall enter into irrevocable reciprocal driveway and parking easement between the subject site and adjacent commercial properties. The owner shall be responsible for making necessary improvements to implement the reciprocal driveways. The legal instrument shall be submitted to the Planning Department a minimum of 30 days prior to building permit issuance. The document shall be approved by the Planning Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy of the recorded document shall be filed with the Planning Department prior to issuance of the Certificate of Occupancy. (Code Requirement) 4. Prior to issuance of a Certificate of Occupancy, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Department of Community Development. b. Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1- 1/2) inches. (FD) c. Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low level exit signs will be included. (FD) d. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. (FD) e. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. f. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 5. The use shall comply with the following: a. The hours of operation for the restaurant shall be limited to between 6:00 PM to 12:00 AM. Any proposal to expand the hours of operation shall require submittal of a parking analysis by a certified traffic engineer. The study shall be submitted to the Planning Department and Public Works Department for review, and shall be forwarded to the Planning Commission as a non-public hearing item prior to expanding the hours. Notification of the expanded hours shall be provided to the other commercial tenants in the center. PC Minutes—1/12/99 13 (99PCM112) b. The valet service shall not operate earlier than one-half (1/2) hour before the restaurant opens. c. Valet parking service for a minimum of 32 tandem parking spaces shall be provided for all patrons of the commercial center during the restaurant's hours of operation; there shall be no charge to the patrons of the center for this service. d. If valet service is ever discontinued, the 900 square foot suite shall be converted back into a retail use. e. Service roads and fire access lanes, as determined by the Fire Department, shall be posted and marked. (FD) f. Service roads and fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (FD) g. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. 6. A review of the use shall be conducted by the Staff within twelve (12) months of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. 7. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning_ Commission may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. Conditional Use Permit No. 98-29 and Coastal Development Permit No. 98-35 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 98-29 and Coastal Development Permit No. 98-35 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 98-29 and Coastal Development Permit No. 98-35, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. PC Minutes—1/12/99 14 (99PCM112) 1 4. All applicable Public Works fees shall be paid. (PV); 5. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PV) 6. A Certificate of Occupancy must be issued by the Planning Department prior to occupying the suite as a restaurant. 7. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 9. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. B-3 TENTATIVE TRACT MAP NO. 15675/CONDITIONAL USE PERMIT NO.98-51/ VARIANCE NO.98-27 (MONTECITO): APPLICANT: PLC Land Company, Bill Holman LOCATION: Northwest corner of Goldenwest Street and Summit Drive PROJECT PLANNER: Ricky Ramos Tentative Tract Map No. 15675 and Conditional Use Permit No. 98-51 represent a request by PLC Land Company to subdivide 23.2 acres for the construction of 91 detached single family units and the dedication and improvement of a 4.9 acre public park. It complies with the General Plan Land Use designation of Residential Low Density as well as with the Holly-Seacliff Specific Plan. Project density is 3.9 units per gross acre. Lot size, frontage, and configuration comply with code. Montecito will be a gated community with primary access off Summit Drive and secondary access off Saddleback Lane. The proposed homes range in size from 2,894 to 3,239 square feet and meet all development standards, except for the variance requested concurrently. The site will be graded to be compatible with the surrounding topography. A six foot high perimeter tract wall is proposed, with the height increasing to eight feet along Garfield Avenue, Goldenwest Street (along lot 36 only), and along the common lot line with the proposed abutting commercial center for increased noise attenuation. The development as proposed and modified by the recommended conditions of approval will not be detrimental to the area and its residents. Staff does not support the requested variance to allow a single -car compact sized garage for Plan Two in addition to a regular sized two -car garage and a turning radius less that the required 25 feet for lots 15 and 41 because the findings cannot be made. There is no special circumstance to the project to warrant the variance, nor is it needed to preserve property rights. PC Minutes — 1/12/99 15 (99PCM112) STAFF RECOMMENDATION: Staff recommends approval of the tentative tract map and conditional use permit based on the following: ♦ It is consistent with the goals and objectives of the General Plan and meets or exceeds the development standards in the Holly-Seacliff Specific Plan. ♦ It is compatible with the existing development in the area. ♦ The project will have an appealing streetscape through the incorporation of varied front elevations and setbacks, and the use of three plan types with distinct elevation treatments. ♦ It properly adapts with the surrounding terrain and is physically suitable for the subject site. ♦ It will comply with the mitigation measures identified in the Environmental Impact Report No. 89-1. • The gated access will not compromise public safety nor detract -from the visual character of the project. ♦ The park plan has been reviewed and approved by the Community Services Commission. The park will serve as an amenity and will provide a variety of recreational opportunities for area residents. Staff recommends denial of the variance based on the following: There is no special circumstance to warrant approval. The variance is not needed to preserve property rights because the applicant is still able to construct a four -bedroom home without the variance. Additionally, the house plan can still include a storage space with a reduced size so as not to be misconstrued as a parking space and credited towards required parking for any future additions of bedrooms. It represents a special privilege granted to the applicant. THE PUBLIC HEARING WAS OPENED. Bill Holman, 23 Corporate Plaza, #250, Newport Beach, representing applicant, gave a brief history of the request. Mr. Holman stated that he original submittal had included 400 apartment units. After discussions with the surrounding community the project size was significantly reduced to address the communities concerns. He stated that a variance is being requested to allow a storage area in the garage, which is not meant to be required parking space. He stated that the area will not be allowed to count as required parking per the CC&R's. - David Kosco, 732 S. Woodland, Orange, architect for the project, stated that they tried to get as much diversity from the street scene as possible. He stated that the proposed homes are very upscale and they are trying to add the amenities that suit that type of home, such as a storage space in the garage. Jeff Rulon, 23 Corporate Plaza, #250, Newport Beach, representing PLC and Christopher Homes, reviewed the features of the proposed homes. Karen Jackle, 6702 Lawn haven Drive, Seacliff Homeowners Association, spoke in opposition to the proposed pocket parking along Summit Drive. Ms. Jackle also spoke in opposition to the variances which would support tandem parking, which she feels, is inadequate. PC Minutes—1/12/99 16 (99PCM112) Suzanne Beukema, 9052 Christine Drive, FANS, spoke in support of the request, stating the proposed request will be an asset to the community. Bruce Powers, 7452 Talbert Avenue, FANS, stated that the proposed storage area in the garage would make the homes more marketable for the type of people they want to move into the community. He also stated that pocket parking is the safest way to incorporate on -street parking. John Roe, 19382 Surfdale Lane, Huntington Seacliff Homeowners Association, spoke in support of the request with the exception of the proposed pocket parking on Summit Drive for safety reasons. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY MANDIC, SECONDED BY INGLEE, TO CONTINUE TENTATIVE TRACT MAP NO.15675, CONDITIONAL USE PERMIT NO.98-51 AND VARIANCE NO.98-27 TO ALLOW STAFF TO WORK ON THE TURNING RADIUS INTO THE PROPOSED GARAGE USED FOR 3" VEHICLE PARKING SPACE/STORAGE AREA. MOTIONS AND SECOND WERE WITHDRAWN. The Commission discussed continuation of Conditional Use Permit No. 98-51 and Variance No. 98-27 to the January 12, 1999 meeting to allow staff to draft conditions restricting the use of the proposed storage rooms for Plans One and Two to storage only and not parking. The Commission suggested that staff incorporate conditions of approval which require the applicant to note in the marketing plan, CC&Rs, and deed restrictions that the storage area in the garages shall not be counted as parking spaces for the purpose of meeting the City's parking requirements. A MOTION WAS MADE BY MANDIC, SECONDED BY LIVENGOOD, TO APPROVE TENTATIVE TRACT MAP NO.15675 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - TENTATIVE MAP NO.15675: 1. Tentative Tract Map No.15675 for the subdivision of 23.2 gross acres for the purpose of a 91-unit single family residential subdivision and creation of a public park is consistent with the General Plan Land Use Element designation of Residential Low Density on the subject property and any applicable specific plan, and other applicable provisions of this Code. Single family developments and parks are permitted uses in that land use designation. PC Minutes—1/12/99 17 (99PCM112) 2. The site is physically suitable for the type and density of development at 4.98 units per net acre. The site was previously studied for greater intensity of land use (five units per acre) at the time the General Plan land use designation and the Holly-Seacliff Specific Plan zoning were adopted for the property. The size, depth, frontage, street width and other design features of the proposed subdivision are in compliance with the Specific Plan. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site was previously evaluated in Environmental Impact Report No. 89-1 and will comply with appropriate mitigation measures. 4. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. The subdivision will provide all necessary easements and will not affect any existing easements. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15182 of the CEQA Guidelines, because the proposal is a residential project undertaken pursuant to and in conformity with a specific plan covered under Environmental Impact. Report No. 89-1 which was certified by the City Council on January 8, 1990. CONDITIONS OF APPROVAL - TENTATIVE -MAP NO. 15675: 1. The tentative map received and dated September 24, 1998 shall be the approved layout. 2. Prior to submittal of the final map for approval by the City Council, the following shall be required: a. At least 60 days before City Council action on the final map, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney. The CC&Rs shall reflect the maintenance of all walls and common areas including private streets and landscape areas by the Homeowners' Association. It shall also include the location of the earthquake fault setback lines as well as water quality BUT and education information. The CC&Rs must be in recordable form prior to recordation of the map. b. The project shall comply with the Affordable Housing Plan for the Holly-Seacliff area. Final inspection (certificate of occupancy) shall not be approved for residential units in the project if the affordable housing requirements for the Holly-Seacliff area are not met at the time that final inspection is requested. 3. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PW) a. All vehicular access rights to Garfield Avenue, Summit Drive, Saddleback Lane and Goldenwest Street shall be released and relinquished to the City of Huntington Beach except at locations approved by the Planning Commission. PC Minutes—1/12/99 18 (99PCM112) b. Hydrology and hydraulic studies shall be submitted for Public Works review and approval. The developer shall design and construct drainage improvements as required by the Department of Public Works to mitigate impact of increase run off due to development or deficient downstream systems. c. The sewer and storm drain systems located within the private streets shall be private and maintained by the Homeowners Association. d. Drainage from the public park shall be routed under "A" Street into the public storm drain system within the paseo area and not into the private storm drain within "C" Street. e. The park site shall be dedicated to the City of Huntington Beach in "Fee Title" on the final map. f. The following shall be dedicated to the City of Huntington Beach on the final map: 1. An easement over the private streets for Police and Fire Department access purposes. 2. A 2.00 foot public utility easement as shown on said map. 3. The water system and appurtenances as shown on the improvement plans. 4. Access rights in, over, across, upon and through the private streets for the purpose of maintaining, servicing, cleaning, repairing, and replacing the water system. g. The engineer or surveyor preparing the final map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. h. The engineer or surveyor preparing the final map shall submit to the County Surveyor a digital -graphics file of said map in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. i. All improvement securities (Faithful Performance, Labor and Material, and Monument Bonds) and Subdivision Agreement shall be posted with the Public Works Department and approved as to form by the City Attorney. j. A Certificate of Insurance shall be filed with the Public Works Department and approved as to form by the City Attorney. k. A reproducible mylar copy and a print of the recorded final map, along with digital graphic files of the recorded map per the City of Huntington Beach "CAD Standards Manual for Consultants", shall be submitted to the Department of Public Works. 4. The development shall comply with all applicable mitigation measures in Environmental Impact Report No. 89-1. PC Minutes — 1/12/99 19 (99PCM112) 5. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the tract map are proposed as a result of the plan check process. The tract map shall not be recorded until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment of the original entitlement reviewed by the Planning Commission may be required pursuant to the HBOC. INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE MAP NO. 15675: 1. All applicable Public Works fees shall be paid prior to map recordation. (PW) 2. Park and Recreation dedication shall be met or accrued credits assigned, prior to acceptance of the final map by City Council. 3. Tentative Tract Map No. 15675 and Conditional Use Permit No. 98-51 shall not become effective until the ten day appeal period has elapsed. 4. Tentative Tract Map No. 15675 and Conditional Use Permit No. 98-51 shall become null and void unless exercised within two (2) years of the date of final approval. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. 5. The applicant shall submit a check in the amount of $38 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. C. CONSENT CALENDAR C-1 GENERAL PLAN CONFORMANCE NO.98-5 BANNING VACATION): APPLICANT: City of Huntington Beach, Public Works Department LOCATION: south side of Banning Avenue, east of Magnolia Street PROJECT PLANNER: Cindy Chau General Plan Conformance No. 98-2 is a request by the City of Huntington Beach Public Works Department to determine whether the proposed vacation.of approximately 1,400 square feet of Banning Avenue right-of-way is in compliance with the goals and policies of the General Plan. PC Minutes—1/12/99 20 (99PCM112) 1 STAFF RECOMMENDATION: Staff recommends approval of General Plan Conformance No. 98-2 for the following reasons: • The street easement is not necessary to provide efficient circulation to the area, and will be used to enhance the adjacent residential development. • Vacation of the property and transfer to the adjacent property owner will allow the land to be utilized to its full potential. • The proposed project will be consistent with the City's Land Use and Urban Design Elements of the General Plan. The Commission discussed property maintenance and how it could be enforced. Staff stated that the proposal is a vacation of property, which means it automatically, goes to the property owner and staff can not put conditions on it. The property will belong to the property owner and if not kept up Code Enforcement can site the owner. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY INGLEE, TO ADOPT RESOLUTION NO.1539 APPROVING GENERAL PLAN CONFORMANCE NO.98-5 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Inglee, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL — GENERAL PLAN CONFORMANCE 98-5: 1. The vacation of the subject section of Banning Avenue encourages the rational use of land and other natural resources. Since this portion of land is not required for future Banning Avenue right-of-way, vacation of the property and transfer to the adjacent property owner will allow the land to be utilized to its full potential. 2. The vacation of the subject section of Banning Avenue will help to provide a transportation system that is consistent with efforts to minimize adverse environmental and aesthetic effects. The subject parcel is located within the existing street right-of-way by is not necessary to provide efficient circulation to the area. Once new landscaping is incorporated, the appearance of the site will be enhanced. 3. The vacation of the subject section of Banning Avenue is in conformance with the City's adoption of the General Plan. The proposed vacation is in conformance with the Land Use and Urban Design Elements of the General Plan. The subject site will be utilized to its full potential and with modifications to the existing block wall in addition to new landscaping, visual relief will be provided. PC Minutes — 1/12/99 21 (99PCM112) C-2 PLANNING COMMISSION MINUTES DATED NOVEMBER 10 1998 A MOTION WAS MADE BY BIDDLE, SECONDED BY KERINS, TO APPROVE PLANNING COMMISSION MINUTES DATED NOVEMBER 10,1998, AS AMENDED, BY THE FOLLOWING VOTE: AYES: Inglee, Kerins, Chapman, Speaker, Biddle, Livengood NOES: None ABSENT: None ABSTAIN: Mandic MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 ENTITLEMENT PLAN AMENDMENT NO 98-8 (RAINBOW DISPOSAL)• APPLICANT: Rainbow Disposal LOCATION: 17121 Nichols Street PROJECT PLANNER: Cindy Chau Entitlement Plan Amendment No. 98-8 is a request to amend a condition of approval regarding hours acility. The facility is allowed to serve the general of operation for the Rainbow Recycling/Transfer f public between the hours of 7:00 AM to 4:00 PM. However, current public drop-off activities are taking place between 6:00 AM and 6:00 PM. In order to formally permit these hours of operation, *he applicant would like to obtain an entitlement plan amendment that will modify the approved nditional use permit to reflect these current hours and as a result, the facility will be able to receive from the general public from 6:00 AM to 6:00 PM seven days a week. This will allow the facility to serve the public for an additional three hours more than what was originally approved.' STAFF RECOMMENDATION: Staff recommends approval to amend the hours of operation and allow the recycling/transfer facility to remain open to the general public from 6:00 AM to 6:00 PM, everyday, based on the following: • The recycling/transfer facility will continue to be in compliance with all code requirements of the Huntington Beach Zoning and Subdivision Ordinance Code, • The recycling/transfer facility will continue to be in conformance with the goals and policies of the General Plan, • There has been no history of valid complaints at the subject site, • The proposed modification of hours will not affect noise sensitive uses (schools) because the facility is already allowed to operate during school hours, • The amended hours of operation will better serve the general public by responding to a demand for additional opportunities to drop-off waste in the early morning and evening, and • All other previous conditions of approval of Conditional Use Permit No. 91-42 will remain in effect. PC Minutes—1/12/99 22 (99PCM112) A MOTION WAS MADE BY LIVENGOOD,,SECONDED BY BIDDLE, TO APPROVE ENTITLEMENT PLAN AMENDMENT NO.98-8 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL — ENTITLEMENT PLAN AMENDMENT NO.98-8: 1. Entitlement Plan Amendment No. 98-8 to amend Condition of Approval No. 2 of Conditional Use Permit No. 91-42 regarding hours of operation for a recycling/transfer facility will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The hours being requested for the general public are already being applied to commercial trucks. In addition, staff has not received any valid complaints regarding the operations since it was approved in 1991. 2. The entitlement plan amendment will be compatible with the surrounding area because the recycling/transfer facility is surrounded by predominantly industrial uses. The buildings are setback at least 300 feet from the street and there are no noise sensitive uses within the immediate vicinity. 3. The proposed hours of operation from 6:00 AM to 6:00 PM, everyday, will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. In addition, all the previous conditions of approval for Conditional Use Permit No. 91-42 will remain in effect for the recycling/transfer facility. 4. The granting of the entitlement plan amendment will not adversely affect the General Plan. It is consistent with the Land Use Element designation of I (Industrial) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Obiective U4.1 Ensure an adequate and orderly system for the collection services and disposal of solid waste to meet the demands of new and existing development in the City. CONDITIONS OF APPROVAL - ENTITLEMENT PLAN AMENDMENT NO.98-8: 1. The use shall comply with the following: a. The hours of operation to receive waste from the general public shall be limited to between 6:00 AM to 6:00 PM, everyday. b. All conditions of approval as previously approved in Conditional Use Permit No. 91-42 with the exception of a portion of Condition No. 2 dealing with receiving waste from the public, which is hereby amended, shall remain in effect for the subject property. PC Minutes — 1/12/99 23 (99PCM112) 2. The Planning Director ensures that all conditions of approval herein are complied with. The Director of Planning shall be notified in writing if any changes to the site plan are proposed. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. Entitlement Plan Amendment No. 98-8 shall not become effective until the ten day appeal period has elapsed. 2. Entitlement Plan Amendment No. 98-8 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Entitlement Plan Amendment No. 98-8, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building & Safety Department and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 6. The applicant shall submit a check in the amount of $3 8.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two days of the Planning Commission's action. D-2 PRELIMINARY PLAN FOR THE 1999 AMENDMENT TO THE HUNTINGTON BEACH REDEVELOPMENT PLAN: - 1 APPLICANT: Redevelopment Agency of the City of Huntington Beach LOCATION: Redevelopment Project Areas PROJECT MANAGER: David C. Biggs The City of Huntington Beach Redevelopment Agency is initiating an effort to prepare and consider an amendment to the merged Redevelopment Plan for the Huntington Beach Redevelopment Project. The proposed 1999 Amendment would provide the Agency the authority to use eminent domain to acquire and consolidate residential properties in the Main -Pier subarea to eliminate blighting conditions. Currently, the Agency has the authority to use eminent domain on commercial properties in the Main -Pier subarea, as well as portions of the Oak View and Huntington Center subareas of the Project Area. The use of eminent domain is anticipated only as a last resort if all other efforts to consolidate property are unsuccessful. The affected area map is shown in Attachment No. 2 - Exhibit A to this staff report. Minutes—1/12/99 24 (99PCM112) STAFF RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution No. 1540 approving the Preliminary Plan for the 1999 Amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project area. Commissioner Mandic stated that she would be abstaining from taking action on this item in accordance with the Planning Commission By -Laws. The Commission discussed the requirements for the formulation of the Planning Area Committee (PAC). The Commission discussed their concern that the proposal was not specific enough and felt it should be more defined before being voted upon. Staff explained that this was a preliminary step in the adoption of the document. Being specific at this point could lead to legal ramifications. Staff stated that the Commission, staff and the public would have adequate time for additional input. Staff also stated that the Planning Commission could take Minute Action to express any specific concerns they may have to the City Council. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY KERINS, TO ADOPT RESOLUTION NO.1540 APPROVING THE PRELIMINARY PLAN FOR THE 1999 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE HUNTINGTON BEACH REDEVELOPMENT PROJECT, BY THE FOLLOWING VOTE: AYES: Kerins, Speaker, Biddle, Livengood NOES: Inglee, Chapman ABSENT: None ABSTAIN: Mandic MOTION PASSED The Commission voted by Minute Action to transmit to the City Council Members the following recommendation: "Amend the Preliminary Plan for Amendment to the Redevelopment Plan to provide the Agency the authority to use eminent domain to acquire and consolidate residential properties in the following area only: Olive Avenue, First Street, Pacific Coast Highway, and the alley between 6rh and 74h Streets. " E. PLANNING COMMISSION ITEMS E-1 PLANNING COMMISSION COMMITTEE REPORTS Commissioner Kerins — reported that the Bolsa Chica Subcommittee was in the process of formulating a strategy to allow annexation of the Bolsa Chica Wetlands Bluff area to the City of Huntington Beach. PC Minutes — 1/12/99 25 (99PCM112) E-2 F. F-1 F-2 PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner InQlee — stated that this would be his last meeting and wished to thank Staff and the Planning Commission. He also stated that as liaison to the Environmental Board new programs have been implemented and wished to express the importance of maintaining these programs. Commissioner Livengood —stated that he would be representing the Planning Commission with a presentation to the City Council on the Meadowlark hearing, at the January 25, 1999 meeting. Commissioner Kerins — stated that the proposal for a nude juice bar on Beach Boulevard would be heard by the Design Review Board on January 14, 1999 and asked staff if the City was ready to proceed with this item. He also asked staff if the use was 500 feet away from any school as specified by code. Staff stated that the City was ready to proceed. The proposal has met the requirements to be heard before the Design Review Board and no further discretionary hearings will be necessary. Staff also stated that the proposal meets the 500 foot radius locational requirement. Commissioner Biddle — welcomed Commissioner Mandic and expressed best wishes to Commissioner Inglee. Commissioner Speaker — complimented Commissioner Kerins for his thorough review of Item B-1; and stated that he will confer with the Planning Commission during the week to develop an updated committee list. PLANNING ITEMS CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsky, Planninz Director — reported there were no Planning related actions at the previous City Council meeting. Mr. Zelefsky stated that the League of Cities Planning Commission Institute would be held March 24-26 in Monterey, California. He also stated that a Planning Commission/City Staff workshop would be held in February to discuss goals and objectives for 1999. PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Senior Planner — reviewed items for the January 26, 1999 Planning Commission meeting. PC Minutes—1/12/99 26 (99PCM112) F 0 G. ADJOURNMENT —Adjourn to the January 26, 1999 Planning Commission meeting. A MOTION WAS MADE BY SPEAKER, SECONDED BY INGLEE, TO ADJOURN TO A 5:30 PM STUDY SESSION ON JANUARY 26,1999, AND THEN TO THE REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Inglee, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kjl APPROVED BY: — //r4.vv4 ;�� J Howard Zelefsky, S&fetary PC Minutes—1/12/99 27 (99PCM112)